HARD KNOX: An Italian court yesterday threw out the acquittal of Amanda Knox and is demanding she be retried in the 2007 sex-slay of her roommate. Photo: ZumaPress.com

HARD KNOX: An Italian court yesterday threw out the acquittal of Amanda Knox and is demanding she be retried in the 2007 sex-slay of her roommate. (
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In a stunning reversal, Italy’s top court ordered a retrial yesterday of Seattle student Amanda Knox and her former boyfriend in the 2007 sex attack and murder of her roommate.

But Knox, who served four years in prison until she was freed in an equally surprising decision, may refuse to return to Italy for the retrial — although she could face an extradition fight if found guilty in absentia.

Knox, 25, called the new ruling “painful,” but vowed to prove her innocence with her head “held high.”

“She is shocked and very sad,” said lawyer Carlo della Vedova.

Knox, portrayed by prosecutors as a “she devil,” and Raffaele Sollecito were sentenced to more than 25 years in jail in 2007 for killing Meredith Kercher in what was described as a drug-fueled sex attack in Perugia.

Kercher, 21, was found half-naked with her throat slashed in a pool of blood in her bedroom in the house she shared with Knox.

But Knox, dubbed “Foxy Knoxy,” and Sollecito were freed in 2011 when an appeals court said DNA samples on two key pieces of evidence — a kitchen knife and Kercher’s bra clasp — may have been contaminated in a botched police investigation.

In Rome yesterday, Italy’s Court of Cassation, its highest court of last resort, threw out the acquittal and ordered a new trial.

“She thought that this nightmare was over,” said della Vedova. “At the same time, she is ready; we went through all this before. We are strong enough and strong enough to fight again.”

The top court didn’t spell out terms of the retrial, but it isn’t likely to begin until next year.

It’s up to Knox, who is legally considered innocent and living in Seattle, to decide whether to attend the retrial. Her lawyers said she hasn’t made up her mind.

If she doesn’t attend, she would be tried in absentia.

Legal observers said Italy wouldn’t move to extradite her unless she is convicted again.

That could well set up a trans-Atlantic legal battle, because, unlike Italy, the United States does not allow double-jeopardy retrials.

The latest ruling was hailed by the Kercher family.

“Whilst we are not happy about going back to court, and it will not bring her back, we have to make sure we have done all we can for her,” Kercher’s sister Stephanie said.

Kercher family lawyer Francesco Maresca said, “This is an important day for the Italian justice system,” He blasted the acquittal of Knox and Sollecito as “extremely superficial.”